Cate v. Knight

Pottle, JV

Knigbt and others instituted an action against . Cates, under the provisions of the Civil Code (1910), § 5395 et seq., charging that the defendant did “with menaces and force and arms, violently and without authority of law,” take possession of a described lot of land, and does now “forcibly detain same without authority of law.” The jury found for the plaintiffs, and the defendant excepts to a judgment overruling his certiorari. The only point made in this court is that the verdict is contrary to law and the evidence.

It has been held that where a defendant is indicted for forcible…